Motorcycle Accidents

San Diego Motorcycle Accident Attorney Jeffrey R. Frank Answers Frequently Asked Motorcycle Injury Questions

What should I do at the scene of the motorcycle accident?
Call the police. Inform them if there are injuries to anyone involved in the accident. Many times they won't respond unless there is an injury in the motorcycle accident. In a typical motorcycle accident your injuries will often be far more serious than in a similar car accident, which means the police are more likely to respond. However, be aware that even when they respond, they won't always thoroughly investigate your motorcycle accident. You should always be cooperative and courteous with the officers. Insure that they take down any statement you make about the motorcycle accident - ask them to repeat what they've written to make sure it is accurate. Try to speak in front of witnesses if possible – then if the officer makes a mistake, someone else can verify what you actually said.

One disadvantage you have as a motorcyclist is that you are often too injured to conduct your own investigation at the scene – normally, you would talk to the other drivers and witnesses (including the passengers in the vehicle(s) and get their their names, addresses, and telephone numbers so that your attorney can later contact them and find out what they saw. Where you are too hurt to do so, if officers are present, make sure they have at least identified all persons present so your San Diego motorcycle injury attorney can contact the witnesses later. Make sure they get the other driver's name and address, ask to see their driver's license, find out their insurance company and check their insurance information (usually a card, or papers they keep in the car). They are supposed to have this on hand in case they get into an accident. and whether they own their vehicle. Make sure the police determine if someone else owns their vehicle and that person's insurance company as well. This is one reason why courtesy and cooperation with the officers is very important – if you are rude or uncooperative, they may not take the time to gather the information you need, and as a motorcyclist you are likely too injured to do so yourself.

If you can, take some pictures (camera cell phones are perfect for this) at the scene to show what happened – these will show skid marks, the positions the vehicles are in after the accident and the damage to each vehicle

How do the insurance companies conduct their investigation?
Once a motorcycle accident has been reported, each insurance company makes a determination of fault. This is based on the statement of their insured and other witnesses as well as police reports and physical evidence from the scene of the motorcycle accident (such as damage to cars, skid marks, etc…)

RECORDED STATEMENTS

You will most often be asked to give a recorded statement regarding what happened in the motorcycle accident. You should obtain counsel from a California motorcycle accident attorney before you give any information to an insurer, particularly a recorded statement, as what you say therein will affect the rest of your case.

In the statement, you will be asked to give a description of how the motorcycle accident occurred, who was involved, and the injuries you suffered in the motorcycle accident.

LIABILITY DETERMINATION

Based on this evidence, the insurance company makes a decision as to what percentage of fault they believe each involved party had. Their offer to settle your claim is reduced by the percentage of fault they apportion to you. For example, if they believed your claim was worth $10,000.00 but found you 20% at fault, the most they would be willing to offer you to settle would be $8,000.00 (80% of $10,000.00).

What if they're wrong about fault?
Insurance companies give great weight to their own insured's statements, even over those of the other witnesses and the conclusions in the police report. Furthermore, motorcyclists tend to take an unfair portion of the blame for motorcycle accidents despite the statistics that show that other vehicles more often cause motorcycle accidents.

Even if the insurance company finds you are significantly at fault, an experienced motorcycle accident attorney can often work out a settlement which will still put a fair amount of money in your pocket regardless of a liability issue.

What should I know about medical care for my motorcycle accident injuries?
Often in motorcycle accidents, you are so shocked and dazed from the accident that you may not notice you are hurt until the initial shock wears off later. If there is any question of injury, go to the hospital or see a doctor right away.

When you first see a doctor, give them a complete and accurate account of your symptoms. Make sure the doctor accurately records what you say. When the doctor asks you what problems you are having, tell him all of your symptoms, not just those you think he's most interested in, or the ones you think are relevant to his specialty.

Even more than other accidents, motorcycle injury victims should take special effort to make sure the doctor is aware of any past injuries which may relate to your present complaints in any way. Many motorcyclists have had an injury or two over the years they have been riding, and it is important that the doctor has a clear picture as to what was injured or exacerbated in this accident as opposed to prior injuries. The insurance company will try to exploit any previous injury, doubly so where you forget to mention the prior injury to the doctor. Make sure you give the doctor the whole story as to your injury history and present complaints.

If you have a motorcycle accident attorney, doctors may be willing to treat your injury on a lien basis, which means the doctor will wait until the case settles to get paid (see details in Personal Injury – Liens). This will enable you to get needed medical care even if you do not have insurance or the funds to pay for it.